Ill. Sup. Ct. R. 367

As amended through September 23, 2024

Rule 367 - Rehearing in Reviewing Court

(a)Time; Length. A petition for rehearing may be filed within 21 days after the filing of the judgment, unless on motion the time is shortened or enlarged by the court or a judge thereof. Motions to extend the time for petitioning for rehearing are not favored and will be allowed only in the most extreme and compelling circumstances. Unless authorized by the court or a judge thereof, the petition shall be limited to 27 pages or alternatively 8,100 words, and in either case be supported by a certificate of compliance in accordance with Rule 341(c).

(b)Contents. The petition shall state briefly the points claimed to have been overlooked or misapprehended by the court, with proper reference to the particular portion of the record and brief relied upon, and with authorities and argument, concisely stated in support of the points. Reargument of the case shall not be made in the petition.

(c)Form and Service. For the petition and any answer or reply (see paragraph (d)), the form, cover, and service shall conform to the requirements for briefs (see Rule 341), including the submission of duplicate paper copies, if required.

(d) Answer; Reply; Oral Argument. No answer to a petition for rehearing will be received unless requested by the court or unless the petition is granted. No substantive change in the relief granted or denied by the reviewing court may be made on denial of rehearing unless an answer has been requested. If the petition is granted or if an answer is requested, the opposing party shall have 21 days from the request or the granting of the rehearing to answer the petition, and petitioner shall have 14 days after the due date of the answer within which to file a reply. Unless authorized by the court or a judge thereof, the answer shall be limited to 27 pages or alternatively 8,100 words, the reply shall be limited to 10 pages or alternatively 3,000 words, and each must be supported by a certificate of compliance in accordance with Rule 341(c). The petition shall be served on opposing counsel and proof of service filed with the clerk. The briefs of the parties, the petition for rehearing, the answer, and the reply shall stand as briefs on the rehearing. Oral argument will be permitted only if ordered by the court on its own motion.

(e)Limitation on Petitions in Appellate Court. When the Appellate Court has acted upon a petition for rehearing and entered judgment on rehearing no further petitions for rehearing shall be filed in that court.

Ill. Sup. Ct. R. 367

Amended October 1, 1976, effective 11/15/1976; amended February 19, 1982, effective 4/1/1982; amended April 10, 1987; amended June 12, 1987, effective 8/1/1987; amended December 17, 1993, effective 2/1/1994; amended October 14, 2005, effective 1/1/2006; amended May 24, 2006, effective 9/1/2006; amended December 29, 2009, effective immediately; amended Dec. 11, 2014, eff. 1/1/2015; amended Dec. 9, 2015, eff. 1/1/2016; amended Mar. 8, 2016, eff. immediately; amended 8/15/2016 eff. immediately; amended June 22, 2017, eff. 7/1/2017; amended September 15, 2017, eff. 11/1/2017.

Commentary

(December 17, 1993)

The rule is modified to reflect that all types of reviewing court dispositions are subject to the rehearing procedures and time limits (see Woodson v. Chicago Board of Education (1993), 154 Ill. 2d 391).

Committee Comments

(Revised February 1982)

This rule is based upon former Rule 44.

Paragraph (a)

As adopted in 1967, paragraph (a) changed the time limit provided in former Rule 44 to 21 days in accordance with the general principle that time periods should be multiples of seven days. The flat prohibition against extensions of time appearing in former Rule 44 was removed in favor of a statement that extensions were not favored. In 1976, the paragraph was amended to strengthen the language disfavoring extensions of time.

Paragraph (b)

This paragraph is the second and third sentences of former Rule 41(1) without change of substance.

Paragraph (c)

This paragraph was derived from a part of the first sentence of former Rule 44(1) and the third sentence of paragraph (2) of that rule. There was no change of substance until 1982, when the rule was reworded to specifically require that the parties furnish the Reporter of Decisions a copy of any rehearing petition or any motion seeking to change the time for filing a rehearing petition.

Paragraph (d)

This paragraph is based primarily upon former Rule 44(3). It does not change the preexisting practice.

Paragraph (e)

This new provision is applicable only to the Appellate Court. When that court has twice considered a case, once initially and a second time on rehearing, there would seem to be no need for further consideration, especially when there is a higher court from which relief can be sought. See Rules 315(b), 316, and 317 as to the date from which the time for seeking Supreme Court review begins to run.